PBC demands judiciary accountability

Pakistan Bar Council (PBC) has urged the Supreme Court to exercise suo motu powers under Article 184(3) of the Constitution sparingly and confine itself only to the cases pertaining to enforcement of fundamental rights to maintain the principle of trichotomy of powers. The PBC, which held its meeting on Saturday in Karachi Hall of Lahore High Court Bar Association, Lahore, was presided over by Kamran Murtaza, Vice-Chairman of the Council.
The council passed four resolutions including continuation of democratic process and timely general election, accountability within judiciary, appointment of judges in superior judiciary, and suo motu powers under Article 184(3) of Constitution, apart from transacting other agenda items. The council reiterated that all state institutions and organs should remain within their constitutional domain in discharging their functions.
The PBC urged that the Supreme Court should suitably amend the Supreme Court Rules, 1980 to regulate structure parameters of exercise of such powers and a special bench of the court should be constituted for hearing of suo motu cases. The PBC said that the judiciary which holds every other organ and institution of the state accountable must also ensure its own accountability with respect of financial, administrative and judicial matters in an effective, transparent and fair manner, as the prevailing system of self-accountability lacks transparency.
The Pakistan Bar Council urged that the Supreme Judicial Council should make public information regarding the number of complaints/references pending and decided against judges of the superior judiciary, including those which have become infructuous because of retirement of the concerned judges, with effect from 2010. The PBC reaffirmed its support to continuation of democratic process in the country and urged that all necessary steps should be taken to ensure conduct and holding of fair, impartial and transparent general elections, without any taint or influence from non-democratic forces, and as per timeline given in the Constitution.
The Pakistan Bar Council reiterates its earlier resolutions demanding open, fair and transparent procedure for appointment of judges to the superior courts on the basis of objective criteria to be introduced through suitable amendments in the rules of Judicial Commission of Pakistan. The process should also include meaningful consultation/input with the bar and the parliamentary committee.
This council is also of the view that parliamentary parties have failed to legislate and amend the Constitution for completely eliminating the amendments introduced by the military dictators as per aspirations of the people.